MINIMUM ALTERNATE TAX (MAT)
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In the case of companies, if tax payable on its total
income as computed under the I.T. Act, 1961 in respect of any previous years,
is less than 18% (for assessment year 2011-12 and 18.5% from assessment year
2012-13) of its "book profit", then such book profit shall be deemed to be the
total income of the company and tax shall be payable at 18% (for assessment
year 2011-12 and 18.5% from assessment year 2012-13) on such total income.
The profit and loss account should be prepared in
accordance with Parts II and III of Schedule VI of the Companies Act, 1956.
The Accounting Policies, the Accounting Standards adopted
for preparing such accounts and the method and rates adopted for calculating
the depreciation, shall be the same as have been adopted for the purpose of
preparing such accounts and laid before the company at its AGM.
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"Book Profit" means the net profit as shown in the profit
and loss account, as increased by –
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the amount
of income-tax paid or payable, and the provision therefor; or
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the amounts
carried to any reserves, by whatever name called other than a reserve
specified under section 33AC; or
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the amount
or amounts set aside to provisions made for meeting liabilities, other than
ascertained liabilities; or
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the amount
by way of provision for losses of subsidiary companies; or
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the amount
or amounts of dividends paid or proposed; or
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the amount
or amounts of expenditure relatable to any income to which section 10 [other
than the provisions contained in section 10(38) or section 10A or section
10B or section 11 or section 12 apply];
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the amount
of depreciation;
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the amount
of deferred tax and provision therefor;
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the amount
or amounts set aside as provision for diminution in the value of any asset (w.r.e.f.
assessment year 2001-02)
["Income tax" as referred to in (a) above will include:
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Any tax on
distributed profits under section 115-O or on distributed income under
section 115R
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Any
interest charged under the Act
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Surcharge,
if any, levied by the Central Acts from time to time
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Education
Cess on income tax, if any, levied by the Central Acts from time to time
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Secondary
and Higher Education Cess on income tax, if any, levied by the Central Acts
from time to time]
if any amount referred to in clauses (a) to (i) is debited
to the profit and loss account, and as reduced by –
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The amount
withdrawn from any reserve or provision, if any such amount is credited to
the profit and loss account subject to the proviso stated in the section; or
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Incomes
exempt under any of the provisions of section 10 [other than the provisions
contained in section 10(38)] or section 10A or 10B or section 11 or section
12 apply, if any such income is credited to the profit and loss account; or
a. The
amount of depreciation debited to profit and loss account (excluding the
depreciation on account of revaluation of assets); or
b. The
amount withdrawn from revaluation reserve and credited to profit and loss
account, to the extent it does not exceed the amount of depreciation on
account of revaluation of assets referred to in clause (iia); or
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The amount
of loss brought forward or unabsorbed depreciation, whichever is less as per
books of account.
However, for the purpose of this clause –
a. the loss
shall not include depreciation;
b. the
provisions of this clause shall not apply if the amount of loss brought
forward or unabsorbed depreciation is nil;
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The amount
of profits eligible for deduction under section 80HHC.
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The amount
of profits eligible for deduction under section 80HHE.
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The amount
of profits eligible for deduction under section 80HHF.
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The amount
of profits of sick industrial company during the years in which such company
has become sick industrial company under the provisions of Sick Industrial
Companies (Special Provision) Act, 1985.
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The amount
of deferred tax, if any such amount is credited to profit & loss account. (w.r.e.f.
assessment year 2001-02).
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Provisions
shall not affect carried forward of depreciation and losses under the
applicable provisions mentioned in sub-section (3) of section 115JB.
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Profits of an
Entrepreneur in SEZ or Developer of SEZ were not liable for MAT up to
assessment year 2011-12.
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Tax paid
under section 115JB for A.Y. 2006-07 and any subsequent year would be allowed
as a credit from the normal tax payable for any subsequent year in accordance
with the provisions contained in section 115JAA for 7 assessment years (up to
assessment year 2009-10) and for 10 assessment years from assessment year
2010-11.
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A report in
prescribed form (Form No. 29B and Rule 40B) from an accountant as defined in
the section 288 shall be furnished along with the return of income.
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In case of
conversion of a private company or unlisted public company into Limited
Liability Partnership, Mat credit of erstwhile company will not be allowed to
the successor Limited Liability Partnership.
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